J-1 Waiver Hardship and definition of "residing" in a home country

I

igo

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I had J-1 exchange visitor HomeStay requirement from 2004 (US Government funds administered by IREX, Feb-June 2004).

I am currently on another J-1 (PhD program) without HomeStay requirement from Aug 2004 - April 2015.

During 2004 - 2011, I frequently went back to my home country Russia to spend 24 months of HomeStay rule. At this moment, I have 50 days left to spend in Russia.

One year ago, I married a US born citizen who is an insulin dependent diabetic since his childhood. He had a heart attack in 2005 and also has other health issues. He has been disabled since 2005. Time by time, his blood sugar drops too low and he gets unresponsive. Since 2006, when we started live together, I called 911 four times to bring him back to life.

In spite of his condition, I traveled to Russia many times and spent weeks there to satisfy my home stay requirement.

After his last emergency room stay, I realized that he can simply die without having someone who can watch him on everyday basis.

I think to apply for a Waiver (I-612) based on hardship for my US spouse. I am planning to request my husband's doctor to write a letter that he cannot control his blood condition and he cannot fly for 10 non-stop hours to Russia. Medical service in Russia is not developed. People can wait for an ambulance for 2 hours. I do not know if I would need to prove this somehow.

Question 1: How do you assess my chance to get my I-612 approved?

Question 2: Is it helpful that I already spent 22 of 24 months in my home country traveling there between semesters at my US university?

I heard that depending on the length of my each trip to Russia, it may not be seen as "residing" in home country.

Question 3:
What is considered as "residing" in home country?
I spent from 4 - 6 weeks every time when I traveled to Russia. While staying in Russia, I had many professional activities: I brought American faculty and students for the conferences, exchange programs, I conducted trainings at schools and universities in Russia, I was paid for my work there by Russian organizations.
Should I provide evidences of my activities in Russia to show that I contributed to the initial program that was funded by the US government?

Thank you.
 
I did J1 hardship and won the waiver. It took 1 year and half, with two rejections.

>I had J-1 exchange visitor HomeStay requirement from 2004 (US Government funds administered by IREX, Feb-June 2004).

>I am currently on another J-1 (PhD program) without HomeStay requirement from Aug 2004 - April 2015.
>During 2004 - 2011, I frequently went back to my home country Russia to spend 24 months of HomeStay rule. At this moment, I have 50 days left to spend in Russia.

Staying home country while you are still on J1 visa will not be counted for 2 years home residency requirement. You should have done the above (staying Russia in between semesters) after you switched to F1 visa.

>One year ago, I married a US born citizen who is an insulin dependent diabetic since his childhood. He had a heart attack in 2005 and also has other health issues. He has been disabled since 2005. Time by time, his blood sugar drops too low and he gets unresponsive. Since 2006, when we started live together, I called 911 four times to bring him back to life.

You should get documentation of these emergent incidents and health issues from the doctors and hospitals.

>In spite of his condition, I traveled to Russia many times and spent weeks there to satisfy my home stay requirement.

As stated above, doing this while you are still in J1 visa program will not be counted for your 2 years home residency requirement.
My J1 visa officer told me that staying home residency will be counted only after you terminated your J1 visa.
She said that after terminating j1 visa, or terminating and switching to other visa such as F1 visa, your stay in your home country will be counted for 2yHRR.

Your stay in Russia leaving your husband in US may be taken as the evidence that he is not endangered without you.

>After his last emergency room stay, I realized that he can simply die without having someone who can watch him on everyday basis.

>I think to apply for a Waiver (I-612) based on hardship for my US spouse.

I highly recommend you to hire an immigration lawyer, who had experience with hardship case.

>I am planning to request my husband's doctor to write a letter that he cannot control his blood condition and he cannot fly for 10 non-stop hours to Russia.

His doctor's letter is must. Get advise from your lawyer about what should be in the letter.
You may have to prove that there is no easy travel course to Russia.

>Medical service in Russia is not developed. People can wait for an ambulance for 2 hours. I do not know if I would need to prove this somehow.

I recommend you to prove it. Find study or statistics on it.
For my husband, I proved that his medication is not approved in my homo country, and changing medicine (to go to my home country with me) is very risky. Once, he changed his medicine and he got hospitalized, with possibility of staying non-functional forever.

>Question 1: How do you assess my chance to get my I-612 approved?

I am not in the position to make assessment. But, your husband condition seems easier to prove the hardship than my husband case.

>Question 2: Is it helpful that I already spent 22 of 24 months in my home country traveling there between semesters at my US university?

I do not think so. My J1 visa officer advises J1 PhD students in her program that if I want to accumulate days for 2yHRR during my PhD program, I terminate my J1 visa and switch to F1 visa and do field research or write thesis in my home country. She said many do this and complete 2yHRR by the time they finish phD program. But, doing this may reduce your chance in the hardship case. (I could not change to F1 visa and stay in my home country because my husband will be endangered without me.)

>I heard that depending on the length of my each trip to Russia, it may not be seen as "residing" in home country.

>Question 3:
What is considered as "residing" in home country?
I spent from 4 - 6 weeks every time when I traveled to Russia. While staying in Russia, I had many professional activities: I brought American faculty and students for the conferences, exchange programs, I conducted trainings at schools and universities in Russia, I was paid for my work there by Russian organizations.
Should I provide evidences of my activities in Russia to show that I contributed to the initial program that was funded by the US government?

I do not know this.

My visa officer told me that working home country office (such as Russian embassy) in US will be counted for home residency. One J1 student finished his J1 program and terminated his J1 visa. Then, he started working for his home country embassy in US. he is planning to work there for 2 years to complete his 2yHRR. Check whether this really works with your J1 program visa officer and lawyer.
 
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